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Nonperformance Breach of Contract

Nonperformance of Contract

Atlanta Business Litigation Attorneys

When a party enters into a contract, they are obligated by law to fulfill
the duties of their agreement – in other words, they must do as
they promised. Nonperformance of contract, an overarching category of
breach of contract, occurs when one party fails to fulfill their obligations. If you have
entered into a contract with a party who has failed to uphold their end
of the bargain, contact Buckley Beal, LLP today. With more than 85 years
of combined experience protecting businesses, corporations, and companies
against nonperformance breaches, we can help your business from harm and
ensure your best interests are guarded at all times.

Does Nonperformance Always Warrant Contract Termination?

When a party does not fulfill their obligations as established within the
terms of their agreement, they may be held in breach of contract and be
held civilly liable for any damages that should befall the non-breaching
party. If the breach is material, or if the breach violates the heart
of the contract, the non-breaching party may have grounds to terminate
the contract and require the breaching party to restore them to a condition
they would have been in if the contract had never been created. For example,
if you agree to pay $1,000 to a violinist to play at your company charity
dinner, but he shows up to the event without his violin, he will be in
material breach of contract and will be unable to fulfill his duties.

Not all instances of nonperformance allow a party to terminate a contract,
however. A person does not have to fulfill the obligations of their contract
until performance is due. For example, if you were to agree to purchase
equipment from a seller for $5,000 on delivery, but the seller never delivers
the equipment, they cannot accuse you of nonperformance for not paying.
You would only be held in breach of contract if the seller were to deliver
the goods and you withheld payment.

What Remedies Are Available?

As a general rule of thumb, parties are required to make a good faith effort
to execute the terms of the contract and find a mutual remedy before moving
towards legal action or contract termination. Generally, this will require
first requesting that the other party fulfill their duties, imposing penalties,
or other measures. Our business law attorneys can help you negotiate with
the other party towards a mutual arrangement and advise you on the most
appropriate course of action to pursue. While we are dedicated to making
every effort to help you achieve a cost-effective and mutually acceptable
solution, we are fully prepared to pursue litigation if necessary to yield
the results you need.

Discuss Your Case Today

Accusing another party, or being accused yourself, of nonperformance is
a serious legal situation and requires the expertise of an experienced
business lawyer. At Buckley Beal, LLP, our
Atlanta business litigation attorneys are committed to providing our clients with unparalleled service and responsive
representation. Protecting your business’ goals is our top priority,
and we are prepared to do everything within our power to ensure your best
interests are guarded. From
fundamental to
partial breaches, we can help you take action to minimize damage to your business.